Simpson Thacher: Insurance Law Alert, July/August 2010 | Practical Law
This Simpson Thacher & Bartlett LLP memorandum discusses a ruling in a Delaware suit relating to the "number of occurrences" under an excess liability policy; a Fifth Circuit decision that allows the Comer climate change lawsuit to proceed; a Third Circuit ruling overruling its "accrual test" precedent for determining the existence of a claim in bankruptcy; a Virginia district court ruling applying a pollution exclusion and other policy exclusions to bar coverage for Chinese drywall-related claims; a California Supreme Court decision finding ambiguity in a liability policy containing an intentional acts exclusion and a separation-of-insureds provision; a judicial panel's refusal to transfer Chinese drywall insurance coverage disputes to a multidistrict litigation where the underlying cases are pending; two reinsurance decisions on the application of the "follow the settlements" doctrine; a Wisconsin Supreme Court ruling that an excess insurer's duty to defend is not conditioned upon exhaustion of policy limits; and a New York federal court decision on the forfeiture of the right to dispute attorneys' fees under the "account stated" doctrine.